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Criminal Law

: DUI Blogger

Reducing a DUI Charge to ?Exhibition of Speed?

By Neil Shouse, Esq.

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California Vehicle Code 23109 defines the misdemeanor crime of ?speed contests? or ?exhibition of speed.? Quite literally, this means a motorist on a highway racing against another vehicle or a timing device. We usually call this activity ?drag racing? or ?street racing.? Prosecutors do indeed charge Vehicle Code 23109 for people arrested for actual exhibition of speed. But the statute is also commonly used as a lesser offense agreed to through California DUI plea bargaining. That is, prosecutors often agree to reduce DUI charges to a ?speed ex? in an effort to settle the case. Generally speaking, a defendant prefers a speed ex conviction to a DUI. The speed ex does not trigger a license suspension, and carries no mandatory penalties such as DUI school or jail time...continue to full post

Full post as published by DUI Blogger on August 05, 2009 (boomark / email).

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